Star Mart [2011] NZLLA 914 (19 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA PH 914-918

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by STAR SERVICE STATIONS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at the corner of Courtenay Place and Tory Street, Wellington, known as “Star Mart Courtenay Place”

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by STAR SERVICE STATIONS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at shops 7 and 8 Grand Arcade, 16-18 Willis Street, Wellington, known as “Star Mart, Grand Arcade”

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by STAR SERVICE STATION LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated on the ground floor, Aurora House, 56 The Terrace, known as “Star Mart The Terrace”

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by STAR SERVICE STATIONS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 139 Cuba Street, Wellington, known as “Star Mart Cuba Mall”

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by STAR SERVICE STATIONS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 49 Manners Street, Wellington, known as “Start Mart Manners Street”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

In decisions [2011] NZLLA PH 876-885 dated 11 August 2011, leave was granted to withdraw the applications to renew the off-licences in respect of the premises identified in the schedule as listed above. We further refused the grant of new off-licences to Star Metro Holdings Limited in respect of the same premises.

Star Metro Holdings Limited was trading all of the businesses pursuant to temporary authorities issued against the off-licences held by Star Service Stations Limited and the renewal applications had been filed in order to keep the licences ‘alive’ until such time as the substantive off-licence applications by Star Metro Holdings Limited had been determined.

At the conclusion of the decision the Authority said:

“As there has been a final determination of the five applications for off-licences, it is appropriate that the applications for the renewal of each of the licences held by Star Services Stations Limited should be withdrawn with effect from 1 September 2011. This will enable the applicant to dispose of its existing stock of liquor. Leave is granted accordingly.”

The applicant has applied for a rehearing to delay withdrawal of the applications for renewal until 31 October 2011.

In support of the application it was submitted that “due to the nature of retail stock ordering systems [Star Metro Holdings Limited] are currently holding pre-purchased stock levels at the premises and in storage facilities which at current rates will take up to 10 weeks to clear [from 15 August 2011]”

The Authority is not persuaded that an extension of time of the duration requested on behalf of the applicant is warranted. The applicant was aware when the proceedings were heard that the substantive applications for off-licences were unlikely to be successful. In the circumstances it is surprising that it needs so long to dispose of its stock. Further, the applicant has been operating its liquor sales outlets for a very long time (since 15 September 2008), under temporary authorities and it is time to stop what has been an illegal practice. To extend liquor sales to 31 October 2011 serves to condone that practice.

We note that the existing temporary authorities in respect of the underlying off-licences are due to expire on 15 September 2011.

Accordingly, while we see no requirement for any further temporary authorities to be granted we are prepared to grant a modicum of leeway. In the circumstances we agree to rehear the matters on the papers pursuant to s.110(3) of the Act and we grant the applicant an extension until the end of the business day on 15 September 2011, after which date the renewal applications will be deemed to have been withdrawn.

DATED at WELLINGTON this 19TH day of August 2011

B M Holmes
Secretary

Fix3.doc(ab)